ORDER

Per : Shri Krishna, Member (A)

1.The applicant has filed this O.A. under Section 19 of the Administrative Tribunals Act, 1985 to claim the following reliefs:-

“a) This Hon'ble Tribunal will be pleased to call for the records and proceedings which led to the passing of the impugned Orders i.e.

(i) | Impugned Order dated 3.6.2016, i.e. Annx. “A1”,

(ii) Impugned Order dated 31.08.2016 i.e. Annx.

(iii) | Impugned Departmental Rules of 1998 only to the extent it denied the benefit of OM dated 23.12.1970, i.e. Annx. “A3”, and Hemant Anant: Mahabal

(iv) Impugned Promotion Order dated 09.04.2002 (Recruitment Year: 2000-2001 (only to the extent of Applicants non-consideration), i.e. Annx. “A4’,

and after going through its proprietary, legality and constitutional validity be pleased to quash and set aside the same with full consequential benefits.

b) — This Hon'ble Tribunal will be pleased to hold and declare that in view of the judgment in the case of Rohtas Bhankhar and Ors. Vs. Union of India and Anr. Dated 15.07.2014 the Applicant is entitled to the Concessional Passing Standard and accordingly direct the respondents to modify the result of the applicant for the year 1999 of the Income-Tax Officer Departmental Qualifying Examination.

c) — This Hon'ble Tribunal will be pleased to call for the records of the case and accordingly order and direct the Respondents to modify the result of the Applicant for the year 1999 and to declare him as “PASSED” on Concessional Standard in the Income- Tax Officer Departmental Qualifying Examination 1999 with full consequential benefits of promotion to the post of Income-Tax Officer for the year 2000-2001 with seniority, back wages, pay fixation etc.

d) This Hon'ble Tribunal will be pleased to hold, direct and declare that in consequence of the Applicant being declared as PASSED in_ the Examination of the year 1999, a Review DPC be conducted for considering the case of the Applicant for the Recruitment Year: 2000-2001 and promote him with full consequential benefits of seniority, further promotion if any, difference of back wages, pay fixation etc.

e) Any other and further orders as this Hon'ble Tribunal may deem fit, proper and necessary in the facts and circumstances of the case.

f) Costs of this Original Application be provided for.”

2. — This is the second round of litigation. The applicant has filed 0.A.458/2015 which was disposed of by this Tribunal vide order dated 28.08.2015 by directing the respondents to decide the representation dated 27.05.2015 filed by the applicant. The same was followed by the subsequent representations dated 07.09.2015, 23.10.2015 and legal notices dated 14.12.2015 and 29.07.2016 to implement the directions of the Tribunal given in the order dated 28.08.2015. The respondents have issued the impugned order on 03.06.2016. Thereafter, the applicant has filed this O.A. 2.1. During the pendency of this O.A., the applicant has approached the Hon'ble High Court of Judicature at Bombay. The Hon'ble High Court vide order and judgment dated 17.12.2025 was pleased to direct the Tribunal to list the matter on 23.12.2025 under the heading for “Final Disposal” with a condition that no adjournments shall be granted to the parties but for any exceptional circumstances. Accordingly this case was heard.

3. Briefly stated, the facts of the case are that the applicant was a direct recruit Inspector of Income-Tax (ITi) of the 1992 batch. He joined the post of Income Tax Inspector (ITI) on 01.09.1994. The next promotional post available to the applicant is the post of Income-Tax Officer (ITO). The Department of Personnel & Training (DoPT) issued an OM dated 23.12.1970 providing relaxation and standard of passing examinations for SC/ST. Accordingly for the post of ITO the Departmental Qualifying Examination conducted provided for 5% concession in the Passing Standard for SC/ST candidates. The General Standard Passing was fixed 60% aggregate and 5% concession was granted i.e. 55% was fixed for SC/ST c